News & Analysis as of

Undue Hardship

Weltman, Weinberg & Reis Co., LPA

Trends in Student Loan Dischargeability

Has anyone not heard about the so-called “student loan crisis?” Americans owe more than $1.48 trillion in student loan debt. That's $620 billion more than the national credit card debt. Those with student loans carry an...more

Bradley Arant Boult Cummings LLP

Telecommuting as a Reasonable Accommodation – How Employers Can Effectively Evaluate Requests to Work Remotely - Labor &...

As our society advances, the laws that govern it are often modified to reflect the changes that we experience in our daily lives. Labor and employment statutes and regulations are no different, and employers must remain...more

U.S. Equal Employment Opportunity Commission...

St. Vincent Hospital to Pay $15,000 to Settle EEOC Disability Discrimination Lawsuit

Company Refused Transfer as a Reasonable Accommodation, Federal Agency Charged - INDIANAPOLIS - St. Vincent Hospital and Health Care Center, Inc. will pay $15,000 and furnish other relief to resolve a lawsuit disability...more

U.S. Equal Employment Opportunity Commission...

Heritage Home Group to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charged - CHARLOTTE, N.C. - Heritage Home Group, LLC, a North Carolina corporation that designs, manufactures, sources and retails home...more

Parker Poe Adams & Bernstein LLP

What Happens When One Disability Accommodation Triggers Another Disability Complaint?

In practice, employers have little difficulty accommodating most requests for accommodation under the Americans with Disabilities Act. If an employee requests a standing desk or short breaks to monitor blood glucose,...more

Fisher Phillips

Stand Fast, Employers: What You Need To Know About Standing Desks

by Fisher Phillips on

As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart For Disability Harassment

Giant Retailer Refused to Accommodate Disabled Employee by Reassigning Her to a Nearby Store, Federal Agency Charges - BANGOR, Maine - Walmart, Inc. violated federal law by failing to reassign a long-term employee to a...more

Carlton Fields

Navigating The Circuit Split Over Reasonable ADA Leave

by Carlton Fields on

The U.S. Supreme Court will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act. Originally...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Fisher Phillips

California Bills Seek To Expand Employer Obligations for Lactation Accommodation

by Fisher Phillips on

One of the more popular public policy issues of late has been an employer’s obligation to accommodate employees who are lactating or expressing breast milk. The federal government, states, and local jurisdictions have been...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

by FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Poyner Spruill LLP

When the EEOC Comes Knocking - Federal Court Permits EEOC to Enter, Inspect, and Photograph Business Facility

by Poyner Spruill LLP on

Last week, a United States Magistrate Judge authorized a legal photographer and two EEOC lawyers to enter, inspect, and photograph Akebono Brake Corporation’s West Columbia, South Carolina facility.¹ Although Akebono...more

Holland & Knight LLP

Massachusetts Pregnant Workers Fairness Act Effective on April 1, 2018: Be Prepared

by Holland & Knight LLP on

• The Massachusetts Pregnant Workers Fairness Act (the Act), signed into law on July 27, 2017, becomes effective on April 1, 2018. • The Act expressly forbids discrimination against employees due to pregnancy or...more

Seyfarth Shaw LLP

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

by K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

by Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Fox Rothschild LLP

Unreasonable Accommodation: What Is Undue Hardship?

by Fox Rothschild LLP on

A disabled employee asks her employer for an accommodation. After engaging in the interactive process, it becomes clear that the accommodation requested is going to be challenging. At what point can the employer say “no” to...more

Holland & Hart LLP

Mandatory Flu Vaccines Land Healthcare Facility In Court

by Holland & Hart LLP on

After rescinding a job offer to an applicant, a Michigan healthcare provider finds itself in federal court defending a religious accommodation claim. If your organization requires employees to get flu vaccines, your policy...more

Ballard Spahr LLP

Education Dept. seeks comment on factors used to evaluate student loan discharge claims in bankruptcy cases

by Ballard Spahr LLP on

The Department of Education has published a request for information in yesterdays Federal Register seeking comment on the factors used to evaluate claims of undue hardship made by student loan borrowers attempting to...more

Bradley Arant Boult Cummings LLP

“Sooo… We Need to Talk” – The Consequences of Failing to Engage in the Interactive Process

The ADA requires employers to engage in an interactive process with disabled employees, and courts often set a high bar for what that looks like. Expensive litigation continues to be the consequence when employers terminate...more

U.S. Equal Employment Opportunity Commission...

XPO Last Mile Will Pay $94,541 To Settle EEOC Religious Discrimination Suit

Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics company that specializes in the delivery of items such as...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

Bradley Arant Boult Cummings LLP

It’s Still Flu Season and Mandatory Flu Vaccines Can Still Cost You

Remember that case we told you about last year with the flu vaccines and the EEOC suing for employees on religious discrimination grounds? To recap– in Equal Employment Opportunity Commission v. Mission Hospital a federal...more

McAfee & Taft

Work schedule conflict leads to religious accommodation lawsuit

by McAfee & Taft on

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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